GREGORY L. DOUGLAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GREGORY L. DOUGLAS, APPELLANT,
STATE OF FLORIDA, APPELLEE
909 So. 2d 520
Florida District Court of Appeal, Fifth District (2005)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Gregory L. Douglas challenges an order denying his motion for jail credit made pursuant to Florida Rule of Criminal Procedure 3.800(a). The lower court denied Douglas’s motion without attaching documents establishing that Douglas is not entitled to the credit. The State concedes error on this point. See Crawford v. State, 823 So. 2d 832 (Fla. 2d DCA 2002).
The order of the trial court is reversed, and this cause is remanded with instructions to the trial court to either grant the relief or attach portions of the record that support the denial of relief.
REVERSED and REMANDED.
PLEUS, C.J., ORFINGER and TORPY, JJ., concur.
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Errol D. Brooks v. State, 937 So. 2d 827 (Fla. 2d DCA 2006)…, 768 So. 2d 513 (Fla. 2d DCA 2000). We note, and the State concedes, that the trial court resentenced Brooks prior to the issuance of our mandate in Brooks. As a result, the trial court lacked jurisdiction to resentence Brooks. See Wallen v. State, 909 So. 2d 520, 520-21 (Fla. 5th DCA 2005). We also note that our instructions in Brooks were not completely accurate. Therefore, on remand, Brooks is entitled to be resentenced in accordance with the sentencing guidelines applicable to his conviction, but the S…
Authorities Cited
- Crawford v. State, 823 So. 2d 832 (Fla. 2d DCA 2002)